[U] Commonwealth v. Lee

Appeal from the Judgment of Sentence entered August 7, 2013, in the Court of Common Pleas of Franklin County, Criminal Division, at No(s): CP-28-CR-0002312-2010 and CP-28-CR-0002313-2010.

BEFORE: GANTMAN, P.J., ALLEN, and LAZARUS, JJ.

MEMORANDUM

ALLEN, J.

Gabriel Domonic Lee ("Appellant") appeals from the judgment of sentence entered after a jury convicted him of two counts of delivery of controlled substances, and one count of criminal use of a communication facility.[1]

The trial court summarized the pertinent facts as follows:

On November 17, 2010, [M.C.] was working as a confidential informant for the Franklin County Drug Task Force. On that date, [M.C.] purchased some cocaine from [Appellant]. He had known [Appellant] for a couple of months before that transaction. To set up the deal, [M.C.] sent [Appellant] a text message asking if [he] could "come through, " to which [Appellant] replied that he could. Detective Jason Taylor witnessed this exchange. [M.C.] was searched before proceeding to meet [Appellant].

Detective Taylor parked up the street from [Appellant's] house, and [M.C.] got out and met [Appellant] in the alley next to it. [M.C.] was familiar with [Appellant's] house, as that was the place where he and [Appellant] would conduct their business. [M.C.] and [Appellant] shook hands, at which point the cocaine was given to [M.C.]. Upon [Appellant's] request, [M.C.] then dropped the money on the ground. [M.C.] then gave the cocaine to Detective Taylor. According to [M.C.], this money was for drugs that were previously fronted to him, which he got arrested with. The next day, he met with [Appellant] again and paid him for the drugs he received on November 17.

On December 1, 2010, [M.C.] met with [Appellant] again. Trooper John Brumbaugh drove him to the meeting. [M.C.] was searched prior to meeting with [Appellant], and he had no contraband on him at the time. [M.C.] and [Appellant] met in the same alley as before, before entering [Appellant's] house. [M.C.] gave

[Appellant] $200.00 for cocaine. While they were inside, [M.C.] and [Appellant] snorted some cocaine. After enjoying a cigarette with [Appellant] outside, [M.C.] proceeded to Trooper Brumbaugh's car and gave him the cocaine.

On December 2, 2010, Detective Taylor and other police officers went to [Appellant's] residence. They delivered a search warrant and proceeded to search the home. [Appellant] was seen driving near his home, and was stopped and arrested. Detective Taylor searched

[Appellant], and he found $153.00 on him. Of that amount, $140.00 was the pre-recorded money that he had given to [M.C.].

Appellant was subsequently arrested and charged with the aforementioned crimes. A jury trial commenced on May 31, 2013, at the conclusion of which the jury entered its guilty verdicts. Following a sentencing hearing on August 7, 2012, the trial court sentenced Appellant to thirty-six to eighty-four months of imprisonment. Appellant filed a post-sentence motion on August 15, 2013, which the trial ...

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